Tag Archives: testing

The framers of our constitution insisted the accused shall always remain innocent unless proven guilty. But DWI bond conditions or being on bond for a driving while intoxicated case in Texas may make you feel as though your guilt has already been determined before you step foot in the courthouse.

DWI Bond Conditions

When you are charged with DWI, the government can, and usually will, impose a financial hardship upon you in the form of:

supervisory fees

drug and alcohol testing fees

assessment fees

identification card fees

fees for installing and monitoring a breathing device for your car or home

In Texas we elect our judges. And just like any elected official a judge will make decisions to safeguard their political careers. At times, those decisions are rationally thought out and used to protect the public from a dangerous situation. Other times, those decisions are based solely on political correctness. Courts have the discretion to impose a number of DWI bond conditions on you including:

Some requirements may help you

Some of these conditions are mandatory. Other conditions are voluntary and a good criminal defense lawyer will know what onerous DWI bond conditions to fight. Many of the bond conditions are illegal or without justification, but some may actually help put you in the best light with the court to show that you are working to do better and help you mount a stronger defense. An effective DWI lawyer will know the difference and fight the ones that are unjust or unfair.

To discuss the bond conditions of your case, your DWI charge or other criminal defense matters, please call us 24/7 at (713) 524-1010 to speak to a Houston DWI attorney.

No Refusal weekends are a new phenomenon coined by law enforcement to advertise that police agencies will ask for a search warrant to seize a blood sample from a driver, if you refuse to take the breath test. The state of Texas allows a driver to refuse a breath or blood test, unless a judge issues a search warrant.

The idea behind DWI No Refusal Weekends is this: law enforcement wants you to make it easy for them to get evidence to convict you if you have done something wrong. However, among the many problems with DWI testing administered by law enforcement, breath test evidence is the most unreliable scientific evidence because it is based upon the theory of getting air from the lungs, and testing it for alcohol saturation. In truth, that is not where breath alcohol comes from. Breath alcohol comes from the entire air system throughout your body–not just the deep lung area making the breath test fundamentally flawed and inaccurate.

If you think popping a breath mint after a few drinks will mask alcohol odor and fool the officer who just stopped you for suspicion of DWI, think again. The police officer’s nose can’t detect blood alcohol concentration (BAC) in your breath, but adding an odor (even one as pungent as an onion) doesn’t change the alcohol concentration in your body. One of the biggest BAC testing myths is that a breathalizer–even one that’s properly calibrated–will still falsely read that you have alcohol in your breath.

One of the BAC testing myths: Breath mints cover up alcohol

Some products like mouthwash can actually yield an abnormally high reading on a breathalizer because they contain a high percentage of alcohol. Instead of popping a breath mint or rinsing with mouthwash before you head back on the road after drinking, consider staying where you are until your body has processed the alcohol and your BAC is back to legal limits. It’s the safer choice for you and for everyone else on the road to avoid the inaccurate breath testing and just stay where you are.

Be aware however, that even with proper precautions on your part, a breathalyzer can still give an erroneous reading.

Inaccurate Breath Testing Leads to Misleading Alcohol Measurement

The breathalizer can yield a false reading when it measures the amount of alcohol present in your mouth rather than the alcohol in the bloodstream. Mouth alcohol can come from belching or burping; if a person has acid reflux, this can also contribute to a high level of mouth alcohol and give an inaccurate reading on the breathalizer.

Interfering Compounds

Inaccurate breath testing comes from a breathalizer that detects other compounds that have a similar composition to alcohol. Exposure to ordinary items such as paint remover, gasoline, cleaning fluids, etc. can result in an abnormally high and incorrect BAC reading. However, this usually occurs only with older breathalizer units. Newer machines are more finely calibrated and are equipped to detect any compound interference and compensate for it.

As one of the leading DWI lawyers in Houston, Trichter & Murphy can help you understand BAC testing myths with any DUI or DWI case. Call us at the earliest possible time after being stopped for suspicion of driving while intoxicated. Let us handle your case from the very beginning. Having a reputable Houston criminal defense attorney on your side greatly increases your chances of a favorable outcome and keeping your license. Call us 24/7 to speak to an attorney.

The attorneys at Trichter & LeGrand aggressively fight for clients in Houston, Texas as well as throughout communities located in Houston, Sugar Land, The Woodlands, League City, Conroe, Pearland, Texas City, Friendswood, Richmond, Katy, Bandera, Kerrville and Angleton as well as all of Texas including Harris County, Montgomery County, Fort Bend County, Galveston, Travis County, Austin County and Webster County.